Okach v Owuor (Environment and Land Appeal E006 of 2023) [2023] KEELC 17663 (KLR) (24 May 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17663
- Citation
- [2023] KEELC 17663 (KLR)
- Decided
- 24 May 2023
Summary at a glance
TypeAppealPostureAppellant seeks a stay of execution of the judgment and decree in Mbita Senior Principal Magistrate ELC No. 21 of 2018 pending the hearing and determination of the appeal.CoramGMA ONGONDO
The application is hereby dismissed with costs in the cause.
Facts
The appellant, Henry Okach, is dissatisfied with the trial court's ruling that denied his prayer for a stay of execution pending the appeal. The respondent, Erick Owuor, opposed the application, citing the applicant's previous unending applications and the lack of proposed deposits to cushion the respondent on costs.
Issues
- Whether the application for a stay of execution has satisfied the triple conditions for stay of execution under Order 42 Rule 6 of the Civil Procedure Rules, 2010.
- Whether the application is merited and does not offend the law.
Reasoning
The court dismissed the application as it was devoid of merit, citing the applicant's previous unending applications and the lack of proposed deposits to cushion the respondent on costs.
Outcome
Dismissed
Orders
- Application dismissed with costs
Authorities cited
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